In Raleigh, North Carolina’s Republican legislators have given their stamp of approval to two legislative proposals that align with former President Donald Trump’s intensified immigration policies. These measures obligate state agencies to cooperate in Trump’s immigration enforcement agenda and aim to tighten recent laws, which already require sheriffs to collaborate with federal authorities in tracking down criminal defendants.
The GOP-majority General Assembly’s decisions could be setting the stage for an early test with the newly elected Democratic Governor, Josh Stein. Since his inauguration in January, Stein has been working to establish a good relationship with the lawmakers, especially on mutual issues such as Hurricane Helene relief efforts.
Governor Stein has yet to veto any bills during his tenure, but the notable Democratic dissent against the proposed legislation is likely to result in calls for Stein to exercise his veto authority on one or both of these recent bills.
Meanwhile, Trump’s administration has directed National Guard troops to Los Angeles to control protests linked to federal immigration enforcement actions which resulted in numerous immigrant detentions.
If Governor Stein opts for the veto, the Republicans in North Carolina, the country’s ninth-largest state, might encounter hurdles in overturning it. Currently, the GOP owns a slim margin that is a single seat short of a veto-proof majority. They would need the assistance of at least one Democrat to carry out an override, or rely on absent Democratic members during the vote.
The legislative actions highlight the ongoing debate between differing ideologies regarding immigration.
Proponents within the Republican party assert that these measures are crucial to aiding the Trump administration’s mission to deport unauthorized immigrants engaging in criminal activity or gaining access to resources meant for U.S. citizens or legal immigrants. Senate Leader Phil Berger, who was instrumental in introducing one of the bills, stated, “North Carolina is one step closer to increasing the safety of every citizen in the state.” He emphasized that the Republican-led Assembly will not tolerate harboring illegal immigrants with criminal backgrounds.
In contrast, critics including Democrats and immigration advocates argue that these measures unfairly target hardworking immigrants, fostering an atmosphere of fear and distrust towards law enforcement within the community. This, they suggest, could ultimately undermine community safety. A notable number of protestors, opposed to this legislative push by the GOP, were present during the Senate debates.
Democratic Senator Sophia Chitlik from Durham County criticized the Republicans’ approach, saying, “Republicans are spending their time trying to sell a lie that immigrants are the source of our problems.” She urged her colleagues to remember that voters sent them there to improve lives, not to alienate their neighbors.
Governor Stein’s spokesperson, Morgan Hopkins, indicated that the governor would continue to review the legislation, pointing out that Governor Stein has been clear about his stance—if an individual is found committing a crime and is in the country illegally, deportation should follow.
Analyzing the Bills
The Department of State agencies, including the State Highway Patrol and State Bureau of Investigation, would be mandated to engage with Immigration and Customs Enforcement under one of the approved measures. This includes participating in the 287(g) program, which equips officers to question detainees on their immigration status. Promoted as part of Trump’s executive orders, the 287(g) program’s utilization by law enforcement agencies has been heavily advocated.
Additionally, the bill restricts access to state-supported benefits and publicly funded housing for noncitizens unless they are eligible. It also denies unemployment benefits for those not legally residing in the U.S. Importantly, it prohibits University of North Carolina system policies from barring law enforcement from accessing student citizenship or immigration status, despite the disruptions faced by international students this past spring.
The second piece of legislation builds upon the 2024 law vetoed by former Democratic Governor Roy Cooper. It had stipulated that jails temporarily hold certain defendants believed by ICE to be living illegally in the country, permitting time for immigration agents to assume custody. The law represented a counteraction to Democratic sheriffs who opposed assisting ICE with arrest requests involving immigration detainers or warrants.
The proposed modifications now include a broader range of charged crimes that may require jail administrators, now extended to magistrates, to verify a defendant’s immigration status or residency. Moreover, the presence of an apparent detainer or warrant necessitates a judicial review before transferring defendants to immigration agents. The changes further oblige jails to notify ICE immediately and extend the timeframe within which ICE can collect detainees.